FAQ About Arizona Workers’ Compensation
Hurt on the job? Find answers to frequently asked questions about Arizona workers’ compensation for job-related accidents, injuries, or illnesses.
Suffering an injury while on the job can be stressful and worrisome for any employee. Add in a difficult recovery with the unknown of how an employer will react, can make a worker even more uncertain on whether or not they should file a compensation claim or even how to start the claims process.
At Lerner and Rowe Injury Attorneys, our team is here to take you through the steps and let you know your rights. We also know how to find justice for injured workers and recover maximum benefits.
Contact our Arizona worker’s compensation lawyers to discuss your individual circumstances and your eligibility for compensation. Get in touch today for a free consultation by calling 602-977-1900, or submit a secure online case evaluation form now.
We offer assistance with:
- Job-related car accidents
- Back injuries at work
- Worker burn injuries
- Amputation from work injury
- Wrongful death claims for dependents
- And, more.
We also invite you to look over the following frequently asked questions regarding workers’ compensation claims in Arizona to find some answers that you may seek.
To start, you need to immediately let your employer know if you are injured or fall ill from a work-related incident. You then have up to one year from the moment of injury or illness to apply for an Arizona workers’ compensation claim. However, that doesn’t mean that you should wait for the last minute to file a claim. In fact, the longer you wait can negatively impact any compensation that you may be eligible to receive.
After you file your injury claim with the Industrial Commission of Arizona, your employer’s workers’ compensation insurance carrier will be notified of your filed claim. The insurance carrier has 21 days to accept or deny your claim.
You will either fill out and sign a worker’s and physician’s report of injury at the doctor’s office or submit a worker’s report of injury form directly with the ICA. Both of these reports constitute a “claim form.”
If the insurance carrier denies your claim, you have 90 days to file a request for hearing from the date you receive the denial notice. A workers’ compensation attorney will be able to assist you in filing the request and then fight on your behalf for fair compensation.
These are many reasons why an Arizona worker’s compensation claim is denied. That is why it is really within your best interest to start your claim process with the assistance of a workers’ comp attorney. Their experience can help identify and mitigate potential causes for denial.
The following workers’ compensation benefits are available in the Arizona:
• Job retraining for those with catastrophic injuries
• Medical coverage for treatments, procedures, and office visits
• Temporary or permanent compensation for lost wages depending on severity of injuries/illness
• Death benefits paid to the survivor’s dependents, including up to $5,000 to cover funeral expenses
The amount you receive for your workers’ compensation claim depends on the nature and severity of your injury and/or illness. The final benefit paid out will also be based on your 30 day work history prior to the injury/illness.
That being said, your compensation will equal approximately 2/3 of your average monthly wage and will cap out at the state’s maximum benefit amount.
Yes, you are eligible to get workers’ compensation benefits if your workplace environment or duties result in you becoming ill. This includes contracting COVID-19 at work
No, you cannot collect workers’ compensation and unemployment at the same time. In fact, it is illegal to do so as you are still considered employed.
Mostly no, you cannot work and collect worker’s compensation. The primary reason being that if you are not able to perform your regular job duties because of a work-related injury or illness, then you should not be able work another job. An exception to this rule is whether or not you receive a medical release for light duty. If you do, then you can work BUT you must report any income to your employer or to their insurer.
Yes, you can quit your job. However, if you voluntarily quit your job while receiving workers’ compensation benefits you will no longer get any wage loss or disability benefits. Although, your medical benefits should continue to be covered.
Yes and no. For instance, yes you can still get fired for threatening or harassing a co-worker. No, you can’t be fired just for filing for or receiving workers’ compensation benefits.
Yes, you can participate in other activities as long as those activities do not demonstrate that you are capable of performing your regular job requirements.
It can take up to two months to receive a payment check.
Here’s the timeline broken down:
• Up to two weeks for the other side to send the settlement agreement to your worker’s compensation attorney
• Up to two weeks for a workers’ compensation judge to approval your settlement amount
• Once approved, it can take another 30 days for your employer’s insurance company to mail your benefit check
Workers’ compensation is governed by the laws found in Article 18, Section 8 of the Arizona State Constitution, Chapter 6 of Title 23 of the Arizona Revised Statutes (A.R.S. § 23-901 et seq., also sometimes referred to as “the Act”) and Workers’ Compensation Practice and Procedure rules contained in the Arizona Administrative Code (A.A.C. R20-5-101 et seq.).
Under these laws, all employers in Arizona with at least one full or part-time employee must pay for workers’ compensation insurance.